FMCSA Final Rule and ‘Dalilah’s Law’ target CDL eligibility: What trucking needs to know

By Matthew Leffler, The Armchair Attorney®

(Photo: Jim Allen / FreightWaves)

In 2026, the U.S. government took two big steps to fix problems with truck drivers who live outside the country. One is a new rule from the Federal Motor Carrier Safety Administration (FMCSA), Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses (CDL), which tightens rules on who can hold a commercial driver’s license. The other, Delilah’s Law, is a new Senate bill that proposes even stricter nationwide changes. The bill is named after Dalilah Coleman who was five years old in June 2024 when she was critically injured in a multi-car pileup in Adelanto, California. The crash was caused by an 18-wheel tractor-trailer driven by Partap Singh, an Indian national who had entered the U.S. illegally in 2022. Both moves come after deadly crashes and widespread state noncompliance, and they could reshape the pool of available drivers for fleets.

What They Share
Both target “non-domiciled” commercial driver’s licenses (CDLs). These are special truck licenses for people who don’t live in a U.S. state. In the past, some states gave out thousands of these licenses without proper checks. Bad driving records from other countries slipped through, leading to deadly crashes. The rule and the bill both fix this the same way. They limit who can get a non-domiciled CDL to U.S. citizens, U.S. nationals, lawful permanent residents, or people on specific work visas (H-2A for farm work, H-2B for other jobs, and E-2 for investors). Drivers must show a valid passport and I-94 form. States must check immigration status using a government system before issuing, renewing, or upgrading any license. The goal is simple: make sure every truck driver on U.S. roads has been properly vetted for safety.

Key Differences
The FMCSA rule is a regulation that went into effect on March 16, 2026. It focuses only on non-domiciled CDLs. Existing licenses are mostly grandfathered; they stay valid until they expire but cannot be renewed without new proof. It does not touch English skills or other drivers. Because it is a rule, a future administration could change or weaken it more easily. Dalilah’s Law (if passed by Congress) is much broader. It does everything the rule does on non-domiciled CDLs, but it makes those limits permanent law. States must audit all current foreign-domiciled licenses within one year and revoke any that don’t meet the rules. Non-compliant states could lose up to 8 percent (then 12 percent) of their federal highway funding. The bill also adds new requirements for every CDL holder in America: 

  • All knowledge and skills tests must be given only in English. 
  • Drivers must read and speak English well enough to talk to police, read road signs, answer questions, and fill out reports. (American Sign Language counts as English.) 
  • Drivers who can’t meet this get placed out of service immediately.
  • It also makes trucking companies responsible. Carriers cannot hire drivers without valid CDLs or English skills, or they risk losing their registration. The bill even bans certain foreign dispatch services that help foreign drivers skirt rules. More to come on this. 

Which One Matters More?
The rule is like a quick safety patch; it closes the biggest loophole right now. Dalilah’s Law is a full toolbox. It locks the changes into law, adds English rules for safety and fairness, forces states to clean up old mistakes, and punishes companies that break the rules. Together, they could prevent future tragedies like the one that inspired Dalilah’s Law. For truckers, companies, and everyday drivers, the message is clear: the days of easy loopholes for unvetted foreign drivers are ending. Safer roads are on the way.

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Note: FreightWaves occasionally publishes commentary from industry sources with expertise, information and opinion on current transportation topics. The opinions expressed in the article are solely those of the author and not necessarily those of FreightWaves. Submissions to FreightWaves are subject to editing.